Nespresso – Startcup Challenge 2022

1. Promotion Name: NESPRESSO StartCup Challenge 2022 ("The Promotion").
2. Promoter: The Promoter is Nestlé Australia Ltd. ABN 77 000 011 316 trading as Nespresso Australia of Level 4, 201 Miller Street North Sydney NSW 2060.
3. Website: https://www.nespresso.com/au/en/startcup-challenge
4. Promotional Period: The Promotion starts at 12.01am AEST on 16 August 2022 and closes at 5:00pm AEST on 11 September 2022.
5. Entry Restrictions: Entry is open to Australian start-up businesses or SME’s (“Eligible Entrant”).
   
   • A ‘start-up’ is a business registered in Australia (with an ABN) which has been running for less than two (2) years
   • • A ‘SME’ is a small and medium enterprise business registered in Australia (with an ABN) which has been running for more than two (2) years and with fewer than 250 full time employees

   Note: An employee/individual representative who enters the Promotion on behalf of the Eligible Entrant must be aged 18 years or over and must have the authority to enter the Promotion on behalf of the Eligible Entrant.

   For the avoidance of doubt, a prize in this Promotion is to be awarded to the Eligible Entrant and not to the employee/individual representative who entered the Promotion on the Eligible Entrant’s behalf.

6. Entry Method:
   To enter, Eligible Entrants must during the Promotional Period:
   1. Go to the Website at https://www.nespresso.com/au/en/startcup-challenge and follow the prompts to the NESPRESSO StartCup Challenge 2022 Promotion entry page;
   2. Complete the application form including (but not limited to) their business details (business name, address, email address, ABN and number of employees);
   3. Answer a series of questions including (but not limited to) their company’s mission and vision, the project team, the concept, and how they meet our circularity criteria;
   4. Create a short 60-90 second video (in 9:16 vertical format) which describes their business model and their circularity idea and upload it via the website.
   5. (v) Click on ‘submit’ to finalise their entry. Entries must be submitted before the end of the Promotional Period.The Promoter will judge all entries in accordance with Judging Criteria to determine Finalists.

   Note:

   • Individual entrants should ensure that they have the permission to enter the Promotion and complete the application form on behalf of the Eligible Entrant
   • By submitting an entry into this Promotion, you agree to allow us to use your entry content without obligation or compensation to you, which includes across all Nespresso® digital channels.
7. Maximum entries permittedOne (1) entry per Eligible Entrant.
8. Judging Details: Judging will take place at the offices of the Promoter on 22 September 2022. All entries will be evaluated by a jury composed of expert judges involved in the field of innovation and sustainable development, from different sectors. The jury will select a shortlist of three (3) finalists (“Finalist”) based on the judging criteria listed below:

   Judging criteria:

   Three main criteria will be looked at by the jury to elect the winners:
   1. The company/initiative belongs to one of the six circular business models.
   2. The company/initiative is highly innovative when approaching the circularity thinking.
   3. The company/initiative has potential to succeed and scale up to a have a major impact.
   Non-exhaustive examples of criteria that will be assessed:
   • Innovation: How innovative is the proposed business model?
   • Realisation: Is the initiative already active in the market?
   • Expansion: Does the business model have potential for growth?
   • Impact: Has the Startup assessed its impacts on the 5 following pillars: Employee, Community, Environment, Governance, Customers?
   • Circularity: Can the business model be considered as an enhancer of circularity?

   The three (3) Finalists’ entry and entry video will be placed on the StartCup website between 28 September 2022 – 14 October 2022 (AEST), where members of the public will be asked to view the entry video of the three (3) Finalists and vote on their preferred winner.

   Finalists will be invited to attend an awards ceremony will take place on November 3, 2022 in Sydney. The one (1) Finalist who accrues the highest number of public votes will be deemed a Major Prize winner and will win the Major Prize. The following two (2) Finalist’s will be deemed Minor Prize Winners and will each win a Minor Prize. In the event that the public vote count is compromised or is tied between any of the three (3) Finalists, the Promoter reserves the right to determine the ultimate Major Prize Winner and the Minor Prize Winners.

   All decisions are at the discretion of the Promoter and no correspondence will be entered into.

9. Prize:

   Type: Major Prize
   No. Available: One (1)
   Details: The Major Prize will consist of:

   • $50,000 cash (transferred to the Eligible Entrant’s bank account or awarded via cheque);
   • 1 x Nespresso® Momento Small Office Starter Pack valued at $3,112 RRP
   • Access for up to four (4) team members to attend B Lab’s ‘Become a B Corp’ workshop valued at $825 RRP (more information on this workshop can be found at bcorporation.com.au
   • 1 x bulk recycling kit
   • All 3 x Finalists will be invited an awards ceremony which will take place on November 3, 2022 in Sydney. See Conditions of Prize below for more information.
   Value: Total: $53,937 + reasonable travel expenses to attend the awards ceremony on November 3, 2022 in Sydney if required to travel interstate.

   Type: Minor Prize
   No. Available: Two (2)
   Details: The Minor Prize will consist of:

   • $1,000 cash (transferred to the Eligible Entrant’s bank account or awarded via cheque);
   • 1 x Vertuo Next machine & Aeroccino3
   • 1 x bulk recycling kit
   • 1 x Nespresso® Gourmet selection 100 capsule assortment (or if unavailable, the equivalent of any 10 Vertuo coffee sleeves)
   • All 3 x Finalists will be invited an awards ceremony will take place on November 3, 2022 in Sydney. See Conditions of Prize below for more information.
   Value: Total: $1,447 + reasonable travel expenses to attend the awards ceremony on November 3, 2022 in Sydney.

10. Value of Prize Pool: Up to $56,831.00
11. Conditions of prizeAs per conditions of entry. Prizes are not transferable & cannot be converted to cash.

    For the avoidance of doubt, a prize in this Promotion is to be awarded to the Eligible Entrant and not to the employee/individual representative who entered the Promotion on the Eligible Entrant’s behalf. It is a condition of entering the promotion that each entrant warrants that all material submitted is their original work. By entering the promotion, entrants acknowledge they may be asked to participate in publicity and promotion of Nestlé Australia Ltd. The Promoter may request their support in the form of comments for press releases, social media, photographs, video, & media interviews.

    - Entrants agree to grant the Promoter an exclusive, perpetual, worldwide, irrevocable royalty-free (and fully paid-up), licence to use, copy, sub-license, modify and otherwise commercialise any photo, video or other entry submitted as part of this Promotion, including (without limitation) publishing entry content on Nestlé and associated websites and other promotion material (including but not limited to: digital channels and other advertising material) without credit or compensation.

    Reasonable travel expenses for Finalists to attend the awards ceremony: - The Promoter will cover reasonable travel expenses for representatives of three (3) x Finalists to attend the awards ceremony on November 3, 2022 in Sydney NSW (exact location to be confirmed by the Promoter). Reasonable travel expenses for each Finalist includes:

    • Return economy class airfares for two (2) from Finalist’s nearest Australian capital city to Sydney, NSW (in the event the Finalist resides in NSW the Promoter will liaise with the Finalist to determine whether the prize includes airfares. In the event the prize does not include airfares, the airfare component will not be redeemable for cash);
    • All airline and airport taxes;
    • Return private transfers from airport to accommodation;
    • One (1) nights accommodation in Sydney, NSW, up to the value of $300.

    The Finalists are responsible for ensuring that they comply with local Australian requirements regarding Covid-19. In the event the Promoter is unable to host an awards ceremony owing to the current Covid-19 situation (including due to any travel restrictions), it will be the Promoter’s sole discretion to change the format, location and timing of the awards ceremony or cancel the awards ceremony entirely. In the event that the awards ceremony is cancelled, travel expenses will not be converted to cash.

    Flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in this Schedule to Conditions of Entry are the responsibility of the winners. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion

12. Prize Winner Notification: The Major and Minor Prize Winners will be notified at an awards ceremony on 3rd November, in Sydney NSW between 6:00pm – 8:00pm, AEDT and/or by email the following business day.
13. Prize Winner Publication Details: The first name and first letter of the surname of the Major Prize Winner will be published on https://www.nespresso.com/au/en/startcup-challenge by 9pm AEDT on 3rd November, 2022
14. Special Conditions: Participants agree that they are fully responsible for any materials they submit via the program including but not limited to comments, recordings and images ("Content"). Nestlé Australia shall not be liable in any way for such Content to the full extent permitted by law.

    Participants warrant and agree that:

    1. they will not submit or post any Content that is unlawful or fraudulent, or that Nestlé Australia may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, racist, socially unacceptable or otherwise unsuitable for publication;
    2. their Content shall not contain viruses or cause injury or harm to any person or entity;
    3. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
    4. the Content is the original work of the participant that does not infringe the rights of any third party;
    5. they consent to any use of the Content which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights and
    6. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

    Without limiting any other terms herein, participants agree to indemnify Nestlé Australia for any breach of the above clauses.

    As a condition of participating in this program, each participant licenses and grants Nestlé Australia, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

    If this program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Nestlé Australia, including but not limited to technical difficulties, unauthorised intervention or fraud, Nestlé Australia reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the program, as appropriate.

    Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth.), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees").

    Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Nestlé Australia (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under Nestlé Australia's control); (b) any theft, unauthorised access or third party interference; (c) any application that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Nestlé Australia) due to any reason beyond the reasonable control of Nestlé Australia; (d) any tax liability incurred by a participant; or (f) use of any Nestlé Australia product. Nestlé Australia collects personal information ("PI") from both applicants and participants in order to conduct the program and will collect, use, share, transfer and otherwise handle this PI in accordance with its Privacy Policy, which can be viewed https://www.nestle.com.au/en/aboutus/privacy-notice

Conditions of Entry

1. These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.
2. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.
3. Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.
4. Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.
5. Entry by SMS: Should the Promotion require an SMS entry, the cost of sending a text entry is the responsibility of the entrant and will vary depending on the mobile network used. Total cost of text entry made within Australia will not exceed 60 cents including GST, whether sent during the Promotional Period or not. Entrants may need to consult their mobile phone provider prior to entering the Promotion.
6. Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.
7. Games of Chance: If more than one prize is offered for that draw, the prize with the highest value will be awarded first. If other prizes are available to be won in the Promotion, they will be awarded in descending value. The name of any prize winner will be published on the internet at www.nestle.com.au/productnews/winners
8. Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.
9. Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.
10. Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.
11. Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.
12. Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner's nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.
13. Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.
14. Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.
15. Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.
16. Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.
17. Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.
18. If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner's parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.
19. If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.
20. Australian Consumer Law: The winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
21. Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.
22. Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion.
23. Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
24. Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.
25. Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.
26. Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.
27. Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
28. Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.
29. Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.
30. Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.
31. Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.
32. Privacy: Each entry becomes the property of the Promoter. All details will be held in accordance with the Nestlé Privacy Policy which can be accessed by visiting www.nestle.com.au or calling 1800 025 361.